GENERAL PROVISIONS
4.1
SECTION 4
ACCESSORY USES
4.1.1
Uses Permitted
Where this By-law provides that a lot may be used or a building or structure may
be erected or used for a purpose, that purpose shall include any accessory
building, structure or use, but shall not include any of the following uses unless
specifically permitted herein:
a)
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith; or
b)
any building or portion thereof used for human habitation; or
c)
any open storage area.
Accessory buildings, structures and uses shall only be permitted once the
principal use has been established.
4.1.2
Relation To Street
a)
Residential Zones
By-Law- 2011-076
In a Residential Zone or where residential uses are permitted, any
accessory building or structure which is not attached to the main building
shall not be erected closer to the street line than the principal or main
building on the lot and shall further be erected in conformity with the yard
and setback requirements of the respective Residential Zone, except as
otherwise provided for herein.
i.
An accessory building may be permitted closer to the street line
than the principal or main building provided:
a)
b)
b)
the lot has frontage on an improved street; and
the lot abuts Lake Ontario
Non-Residential Zones
No accessory building or structure shall be erected closer to the street line
than the minimum required yard and setback requirements of the
Loyalist Township
4-1
GENERAL PROVISIONS
SECTION 4
respective non-residential zone and further, no accessory building or
structure shall be erected closer than 3 metres to an interior side or rear lot
line except as otherwise provided for herein.
c)
Storage Tanks
Except as otherwise provided herein, no above ground storage tank shall
be erected in any yard other than the interior side yard or rear yard.
4.1.3
Relation to Principal or Main Building
Any accessory building or structure, which is not part of the principal or main
building, shall not be erected closer than 2.0 metres to the principal or main
building.
4.1.4
Lot Coverage and Height
The lot coverage of all accessory buildings or structures, exclusive of swimming
pools, shall not exceed ten percent (10 %) of the lot area.
The height of any accessory building or structure shall not exceed 4 metres.
Within an industrial zone the total lot coverage of all accessory buildings or
structures shall not exceed ten percent (10 %) of the lot area. The height of an
accessory building in an industrial zone shall not exceed the maximum height
restriction of the respective industrial zone.
4.1.5
Accessory Structure Encroachments
Drop awnings, clothes poles, flag poles, garden trellises, fences, retaining walls,
marine facilities, or similar accessory uses shall be permitted in any yard.
Signs are permitted in any yard subject to regulation in the Township’s sign bylaw.
4.1.6
Boat House, Pump House and Docking Facilities
a)
Loyalist Township
A boat house or pump house may be erected and used in the required
setback and required yard of a lot abutting a waterbody provided such
accessory building or structure is not located closer than 1.0 metre to the
4-2
GENERAL PROVISIONS
SECTION 4
interior side lot line, except where a mutual boathouse is erected on the
common lot line between two lots, in which case no interior side yard is
required.
b)
No dock shall be located within 2 metres of the side lot line or projection
thereof, except where a mutual dock is erected on the common lot line
between two lots, in which case no interior side yard is required.
For the purposes of this section, the projection of the lot lines shall be made at 90°
to the point at which the lot line intersects the shoreline.
4.1.7
Garages or other Accessory Buildings or Structures
By-Law- 2011-076
All accessory buildings or structures shall comply with the yard provisions of the
zone in which such accessory use is located, except that in a Residential Zone or
where residential uses are permitted, an accessory building or structure shall
comply with the following provisions:
4.1.8
a)
When such accessory building or structure is located in an interior side
yard, it shall be no closer than 1.2 metres to the interior side lot line
except where a mutual private garage is erected on the common lot line
between two lots, in which case no interior side yard is required.
b)
When such accessory building or structure is located in the rear yard it
shall be located no closer than 1.2 metres from the interior side lot line or
1.2 metres from the rear lot line except in the case where the rear lot line is
the side lot line of the adjoining lot, in which case the accessory use shall
be no closer than 1.2 metres to the portion of the rear lot line which
adjoins the interior side lot line of the adjoining lot.
c)
When an accessory building or structure is located in a front or exterior
side yard such accessory building shall not be located closer to the lot line,
than the required front or exterior side yard.
Railway Spur in Industrial Zone
Within an Industrial Zone a railway spur shall be permitted within any required
side or rear yard, but not within a required planting strip area except as may be
required for ingress and egress. Where such side or rear yard abuts a Residential
Loyalist Township
4-3
GENERAL PROVISIONS
SECTION 4
Zone, then such railway spur shall conform with the yard and setback
requirements of the zone in which it is located.
4.2
AMENITY AREA
a)
Requirements (minimum)
The minimum amenity area requirements for each residential unit for an
apartment dwelling house are as follows:
i) Bachelor and One Bedroom Unit ............................................ 10 square metres
ii) Two Bedroom Unit ................................................................... 35 square metres
iii) Three Bedroom Unit................................................................. 60 square metres
iv) Four Bedroom and Over .......................................................... 85 square metres
b)
Design of Amenity Area
Amenity areas shall be designed and located so that the length does not exceed
four (4) times the width.
c)
Children’s Play Area
Except for a senior citizen apartment dwelling or where otherwise provided
herein, an apartment dwelling house containing ten (10) or more apartment
dwellings, an equipped children’s play area shall be provided at a rate of 2.5
square metres per residential unit. The minimum size of such equipped children’s
play area shall be 46 square metres, while the maximum size of such equipped
children’s play area shall be 140 square metres.
4.3
CONSTRUCTION USES
The following are permitted in all zones:
A building or structure incidental to construction on the lot where such building or
structure is situated, but only for as long as it is necessary for the work in progress and
until the work is completed or abandoned. "Abandoned" in this subsection means the
failure to proceed expeditiously with the construction work.
Loyalist Township
4-4
GENERAL PROVISIONS
4.4
SECTION 4
DISTANCE SEPARATION REQUIREMENTS
a)
New Non-Agricultural Uses
The expansion or establishment of any new non-agricultural use in the Rural (RU) Zone
or Prime Agricultural (PA) Zone shall comply with the requirements of the Minimum
Distance Separation Criteria (MDS I) calculation.
The establishment of any new non-agricultural use on a lot that existed as of August 29,
2001 in the Shoreline Residential zone on Amherst Island shall comply with the existing
housing capacity provisions of the Minimum Distance Separation Criteria (MDS1)
calculation, except in lot 5, Concession 1, where 80% of the distance calculated by
Minimum Distance Separation Formula 1 shall be used. If it is determined that a single
detached dwelling house cannot be erected on such a lot in compliance with this
requirement, Section 4.4g) shall prevail, but any single detached dwelling house shall be
separated as far as possible from an existing barn. Any lot that was created or rezoned
after August 29, 2001 in the Shoreline Residential zone on Amherst Island shall fully
comply to the MDS 1 calculation.
b)
New or Expanded Livestock Facilities
No livestock facility shall be erected or expanded unless it complies with the
Minimum Distance Separation Criteria (MDS II) calculation.
c)
Compatibility Between Industrial Facilities and Sensitive Land Uses
The expansion or establishment of new industrial facilities or sensitive land uses
shall comply with the minimum distance separation guidelines governing the
compatibility between industrial facilities and sensitive land uses.
d)
Portable Asphalt Plants
The minimum separation distance between a portable asphalt plant and a sensitive
land use shall be that distance established by an approved, and current, Certificate
of Approval under the Environmental Protection Act.
e)
Waste Disposal Industrial Area
i)
Loyalist Township
No new dwelling house shall be permitted within 300 metres of a
sewage lagoon, or within 150 metres of a sewage treatment plant.
4-5
GENERAL PROVISIONS
ii)
f)
g)
SECTION 4
No new dwelling house shall be permitted within 500 metres of an
existing or closed waste disposal site.
Extractive Industrial Zone
i)
No new dwelling house shall be located within 150 metres of an area
zoned Extractive Industrial-Pits and Quarries Zone in which only removal
and processing of sand and gravel are involved.
ii)
No new dwelling house shall be located within 500 metres of an area
zoned Extractive Industrial - Pits and Quarries Zone in which the removal
and processing of rock is involved.
Existing Lots of Record
The minimum distance separation requirements do not apply in the case of (a) (c)
(e) or (f) of this subsection where a legal lot of record existed as of the date of
passing of this by-law, and for which the proposed use is listed as a permitted use
in the zone in which the existing lot is located, in which case the provisions of this
section shall not serve to preclude the issuance of a building permit for the
permitted use.
4.5
DWELLING UNIT LOCATION
a)
Non Residential Yard Provisions
Where a dwelling unit is located in a Non-Residential building, such dwelling unit
shall comply with the yard provisions of this by-law which apply to the said NonResidential building.
4.6
ENCLOSED OPERATIONS
By-Law- 2011-076
All of the operations of every “Commercial Establishment” shall be conducted within an
enclosed building or premises, except for the following:
•
Parking and loading areas for vehicles;
•
The operation of an outdoor café restaurant;
•
Marina;
Loyalist Township
4-6
GENERAL PROVISIONS
4.7
•
Vehicle Sales Establishment;
•
Seasonal garden and nursery sales;
•
Farm Implement and Equipment Sales and Service Establishment;
•
Building Supply Outlet; and
•
Gasoline Retail Facility.
SECTION 4
ESTABLISHED BUILDING LINE
Where a principal building is to be erected on a lot, and where there is an established
building line extending on both sides of the lot, such permitted principal building may be
erected closer to the street line or the centreline of the street, as the case may be, than
permitted by this By-law such that the yard or setback is equal to the average setback of
buildings on the same side of the street, provided further that such building is not erected
closer to the street line or the centreline of the street than the established building line
existing on the date of passing of this By-law, but in no case shall the front yard be less
than 3.0 metres in depth.
4.8
EXISTING BUILDINGS, STRUCTURES AND USES
a)
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any lot,
building or structure for any purpose prohibited by this By-law if such lot,
building or structure was lawfully used for such purpose on the date of passing of
this By-law, so long as it continues to be used for that purpose.
b)
Strengthening to Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of a non-conforming building or structure legally existing at the date of
adoption of this by-law provided that strengthening or repair does not increase the
height, size or volume of any portion of such building or structure or change the
use of such building or structure.
Loyalist Township
4-7
GENERAL PROVISIONS
c)
SECTION 4
Interior Alteration
The interior of any building or structure, legally existing at the date of adoption of
this By-law, may be reconstructed or structurally altered in order to render the
same more convenient or commodious provided it continues to be used for the
same use as existed at the date of passing of this By-law or is used for a use
permitted in this By-law.
d)
Rebuilding or Repair
By-Law- 2011-076
Nothing in this By-law shall prevent the rebuilding or repair of any lawful nonconforming building or structure, existing as of the date of passing of this By-law,
which is damaged or destroyed by causes beyond the control of the owner,
provided that such reconstruction is on the same footprint as the previous building
and is proceeded with expeditiously. A willful demolition or destruction of a
building or structure shall not constitute “damaged” or “destroyed”.
The rebuilding or repair of any dwelling located within a flood plain shall require
flood proofing to the satisfaction of the Conservation Authority.
e)
Alterations to Non-Complying Buildings and Structures
Nothing in this By-law shall prevent the alteration, enlargement, reconstruction,
renovation, or repair of an existing, non-complying building or structure provided
such action does not further reduce any By-law provision with which the use is
not in compliance.
By-Law- 2011-076
f)
Private Right-of-Way and Non-Complying Buildings and Structures
Where a building has been erected prior to the date of passing of this By-law on a
lot which fronts on a private right-of-way registered on title, and providing legal
ingress and egress to an improved public street, the provisions of this By-law shall
not apply to prevent the enlargement, alteration, extension, renovation or
reconstruction of such a building or structure, provided this does not further
reduce any by-law provision with which the use is not in compliance.
4.9
EXISTING EASEMENTS AND RIGHT-OF-WAYS
Where there is an existing easement or right-of-way registered on the title of a property,
construction of a building or structure shall be prohibited on the area of the easement or
Loyalist Township
4-8
GENERAL PROVISIONS
SECTION 4
right-of-way unless authorized by an encroachment permit or written agreement by the
party with rights to the easement or right-of-way.
4.10
EXISTING UNDERSIZED LOTS
Where a lot, having a lesser lot area and/or frontage than required herein, is held under
distinct and separate ownership from an abutting lot or lots as shown by a conveyance of
title in the records of the Registry or Land Titles Office on the date of passing of this Bylaw, or, where such a lot is created as a result of expropriation, or acquisition of land for
public use, such smaller lot may be used and a building or structure may be erected,
altered or used on such smaller lot, provided that:
4.11
a)
All other applicable provisions of this By-law are complied with;
b)
Existing lots to be developed on private services (wells and septics) shall have a
minimum lot area of 1,400 square metres with 20 metres of frontage;
c)
Approval is obtained from the appropriate regulatory agency for proposed sewage
disposal systems; and
d)
Potable water is available.
FLOODPLAINS, WATERCOURSES/WATERBODIES AND ENVIRONMENTAL
PROTECTION ZONES
a)
Use of Floodplain
No person shall use any lot or erect, alter or use any building or structure on a
flood plain, located outside the Environmental Protection Zone, for any purpose
except one or more of the following uses;
•
•
•
•
•
•
•
•
•
Loyalist Township
conservation use;
landscaped open space;
marina use;
marine facility;
marine sales and service establishment;
outdoor recreation;
public or private park;
public use;
agricultural use exclusive of buildings; and
4-9
GENERAL PROVISIONS
•
SECTION 4
parking facilities incidental to a permitted use.
No main building or building used for human habitation shall be permitted in the
floodplain.
b)
Restrictions Adjacent to Floodplain and Top of Bank and Environmental
Protection Zones
No building or structure shall be erected or altered within 15 metres of a
floodplain or the top of a bank or land zoned Environmental Protection.
By-Law- 2011-076
c)
Restrictions Adjacent to Highwater Mark
d)
Where a floodplain has not been defined, no building or structure shall be erected
or altered within 30 metres of the high water mark.
By-Law- 2011-076
Calculation of Zone Provisions
No part of any floodplain or land between the top of the bank and a water body or
a watercourse shall be used to calculate any of the zone provisions required by
this By-Law.
e)
Minimum Exterior Elevation Opening
Where a building or structure intended for human habitation is erected adjacent to
the shoreline of Lake Ontario the minimum elevation of any exterior opening
shall not be less than 76.9 metres as established by the Geodetic Survey of
Canada. For the Edgewater Estates subdivision described as part of Lot 12,
Concession 1, the minimum elevation of any exterior opening for a building
intended for human habitation shall be 76.3 metres as established by the Geodetic
Survey of Canada.
4.12
FRONTAGE REQUIREMENTS
a)
Access to Improved Public Street
No person shall erect any building or structure after the date of passing of this Bylaw unless the lot upon which such building or structure is to be erected fronts
upon an improved street and is provided with access for vehicular traffic in the
form of an unobstructed driveway. For the purpose of this By-law, an “Improved
Loyalist Township
4-10
GENERAL PROVISIONS
SECTION 4
Street” as defined in Section 3.0 does not include an unopened road allowance or
an unassumed road in a Registered Plan which has been deemed not to be a
Registered Plan under Section 50 of the Planning Act. This provision shall not
apply to a lot on a Registered Plan of Subdivision where an agreement between
the owner of such subdivision and the Corporation, including provisions for the
construction of the streets shown on such subdivision, is registered in the records
of the Registry or Land Titles Office.
b)
Access Via Private Right-of-Way
Where an existing lot is accessible by means of a private road or right-of-way
providing ingress and egress to an improved public street, this By-law shall not
apply to prevent the use of such lot for a single unit dwelling house.
4.13
FUTURE ROAD ALIGNMENT AREAS
No buildings shall be permitted within any future road alignment area or within a
distance from any future road alignment area equal to the front building setback
applicable to the zone. Future road alignment areas shall be 20 metres in width.
The following lands are future road alignment areas:
4.14
4.15
a)
Lands located in Lots 6 to 19, South Shore Concession, shown as a future road
alignment on Schedule 11; and
b)
Lands located in Lots 3 to 8, Concession 1, shown as a future road alignment on
Schedule 12.
GARBAGE AND REFUSE STORAGE
a)
No garbage or refuse shall be stored on any lot in any zone except within the
principal building or an accessory building or structure on such lot or in a
container in the side yard or rear yard of such lot.
b)
A dumpster or garbage container shall be regulated in the same manner as an
accessory building or structure in the zone in which it is located.
GROUP HOMES
Where a group home is a permitted use, no group home shall be located within 500
Loyalist Township
4-11
GENERAL PROVISIONS
SECTION 4
metres of another group home.
4.16
•
•
•
4.17
GUEST HOUSE
With the geographic Township of Amherst Island, as it existed as a separate Municipality
on December 31st, 1997, a guest house is permitted as an accessory building to a
permitted residential use located in a separate building provided the following provisions
are met:
guest house size (maximum) .............................................................30 square metres
there are no facilities for the preparation of food
the principle dwelling unit must be in existence on the lot prior to the construction of the
guest house.
HEIGHT EXCEPTIONS
Nothing in this By-law shall apply to prevent the erection, alteration or use of the
following accessory buildings or structures provided the principal use is a use permitted
within the zone in which it is located, namely:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
4.18
church spire, minaret or other similar religious structure;
belfry;
flag pole;
clock tower;
chimney;
water tank or tower;
windmill;
radio or television or communication tower or antenna / receiver;
air conditioner equipment;
lightning rod;
lighting standard;
grain elevator;
barn or silo;
hydro electric transmission tower and poles;
incidental equipment required for processing as part of an agricultural operation;
external equipment associated with internal building equipment
HOLDING PROVISIONS
Pursuant to the provisions of the Planning Act, Council may specify, by the use of a
Loyalist Township
4-12
GENERAL PROVISIONS
SECTION 4
Holding Symbol ‘-H’, in conjunction with the appropriate zone symbol, the eventual use
to which lands buildings and structures may be put at such time in the future as the ‘-H’
Holding Symbol is removed pursuant to Section 36 of the Planning Act. The Holding
Symbol ‘-H’ may be used in conjunction with any Zoning category in this By-law, in
accordance with the following provisions:
a)
Lands shown to be subject to an ‘-H’ Holding symbol may be used only for the
following purposes while the ‘-H’ Symbol is in place:
•
Existing uses; and
•
Other uses as specified in the By-Law establishing the ‘-H’ Holding Zone.
b)
This section shall not prevent the renovation of any building or structure provided
such alteration or renovation will not increase the height, size or volume, or
change the use of such building or structure.
c)
Once the ‘-H’ Holding Symbol is removed the lands shall be used in accordance
with the permitted uses and regulations of the associated Zone.
d)
The ‘-H’ Holding Symbol shall be removed once the following applicable
requirements have been complied with:
i)
All financial arrangements have been completed to the satisfaction of the
Township;
ii)
The required services are available or can be made available;
iii)
The phasing and design of the proposed development is to the Township’s
satisfaction;
iv)
Identified development constraints can be addressed to the satisfaction of
the Township;
v)
Agreements, such as the Subdivision Agreement or Site Plan Control
Agreement, have been executed; and
vi)
The Township has given Notice pursuant to the requirements of Section
36 of the Planning Act of its intention to pass a By-Law to remove the ‘H’ Holding Symbol.
Loyalist Township
4-13
GENERAL PROVISIONS
vii)
The following two criteria apply to Baycreek Subdivision, Odessa Phase
One, Lots 18 to 25:
a)
b)
4.19
SECTION 4
That the developer has demonstrated to the Township's satisfaction
that sufficient hydraulic capacity exists in the Bridge Street
sanitary sewer line to accommodate the development; or
That the developer connects these lots by way of a new sewer line
that connects to the Bridge Street pumping station without using
the existing Bridge Street sanitary line.
HOME OCCUPATIONS
A Home Occupation is permitted in a zone where listed as a permitted use. Such home
occupation shall conform to the following provisions:
a)
Shall be clearly secondary to the main residential use and shall not change the
residential character of the dwelling house or dwelling unit, or create or become a
public nuisance by reason of noise, dust, odour, traffic or parking of motor
vehicles.
b)
Shall be undertaken by a person or persons occupying the dwelling house or
dwelling unit. A home occupation shall immediately cease to exist if there is not
at least one person resident in the dwelling house or dwelling unit who is engaged
in the home occupation.
c)
Shall not have more than two (2) persons not residing in the dwelling employed
by the home occupation.
d)
Shall not have external display or advertising, other than a legal sign, erected in
conformity with the By-laws of the Municipality, to indicate to persons outside
that any part of the dwelling house, dwelling unit or lot is being used for a
purpose other than residential.
e)
Not more than 30% of the dwelling unit area shall be used for the purpose of the
home occupation use where such home based business is conducted within the
principal residence.
f)
May be conducted in one permitted accessory building no greater than 60 sq.
metres in area, but shall not be carried on in a boathouse.
g)
May be conducted in both the dwelling unit and one accessory building or
Loyalist Township
4-14
GENERAL PROVISIONS
SECTION 4
combination thereof not to exceed a combined maximum square floor area of 60
sq. metres.
4.20
h)
Shall have no goods, wares, or merchandise, other than arts, crafts, antiques,
household or personal items such as cosmetics or kitchen ware and the limited
production of baked goods and homemade preserves produced on the premises,
for sale or rent on the premises. The limited sale of items related to a personal
service shop and the sale of antique items whether or not originating on the
property are permitted.
i)
Shall have no mechanical or other equipment used for a home occupation except
that which is customarily used in a dwelling house for domestic or household
purposes or for use by a professional person.
j)
Shall not include a medical clinic, a private hospital, a nursing home, a restaurant
or a veterinary clinic but may include an office of not more than one doctor or
dentist that complies with the provisions of this Subsection.
k)
Shall not interfere with television or radio reception of others in adjacent
buildings or structures.
l)
Bed and breakfast operations may be allowed as a home occupation provided the
residential character of the dwelling house is retained. Up to three (3) bedrooms
may be used for bed and breakfast operation even though this may exceed 30% of
the dwelling unit area.
m)
A "tea room" or similar facility offering limited refreshments as an accessory use
to the principal residential use may be permitted as a home occupation.
n)
No more than one home occupation shall be conducted in the dwelling or
accessory building.
HOME INDUSTRY
A Home Industry is permitted in a zone where listed as a permitted use.
industry shall conform to the following provisions:
a)
Such home
Shall be clearly secondary to the main residential use and shall not change the
residential character of the dwelling house or dwelling unit, or create or become a
public nuisance by reason of noise, dust, odour, traffic or parking of motor
vehicles.
Loyalist Township
4-15
GENERAL PROVISIONS
b)
Shall be undertaken by a person or persons occupying the dwelling house or
dwelling unit. A home industry shall immediately cease to exist if there is not at
least one person resident in the dwelling house or dwelling unit who is engaged in
the home industry.
c)
Shall have no external display or advertising, other than a legal sign, erected in
conformity with the By-laws of the Municipality, to indicate to persons outside
that any part of the dwelling house, dwelling unit or lot is being used for a
purpose other than residential.
Shall not use more than 30% of the dwelling unit area for the purpose of the home
industry where such home industry is conducted within the principal residence.
d)
4.21
SECTION 4
e)
May be conducted in a permitted accessory building no greater than 92 sq. metres
in area.
f)
Shall not interfere with television or radio reception of others in adjacent
buildings or structures.
g)
Shall include uses such as farm related sales, machine repairs, welding, carpentry,
plumbing and electrical workshops.
h)
Shall not employ more than three (3) persons not resident in the dwelling.
LANDSCAPED OPEN SPACE
a)
In any zone, any portion of any front yard or exterior side yard which is not used
for any other permitted purpose shall be devoted to landscaped open space.
b)
Any land used for landscaped open space shall be included in the calculations for
lot area, yard requirements etc.
c)
Planting Strips are included as part of the landscaped open space requirement of
this By-law.
d)
Where landscaped open space is required as buffering, such landscaping shall be
continuous except for a lane, driveway, aisle, or walkway which provide access to
the lot.
Loyalist Township
4-16
GENERAL PROVISIONS
4.22
SECTION 4
LOADING SPACE REGULATIONS
a)
Requirements
The owner or occupant of any building or a lot involving the receiving, shipping,
loading or unloading of animals, goods, wares, merchandise or raw materials,
exclusive of agricultural buildings and structures, shall provide and maintain at
the premises, facilities comprising one or more loading spaces 9 metres long, 3.5
metres wide, and having a vertical clearance of at least 4 metres. In addition,
adequate space shall be provided for the parking of vehicles awaiting access to the
loading or unloading space. Loading spaces shall be provided in accordance with
the following:
Gross Floor Area of Building or Structure
Loading Spaces Required
300 square metres or less
1
Exceeding 300 square metres but not 2,500 square metres
2
Exceeding 2,500 square metres but not 7,500 square
metres
3
Exceeding 7,500 square metres plus one (1) additional
loading space for each additional 10,000 square metres of
gross floor area or fractional part thereof in excess of
7,500 square metres
3
b)
Access
Access to loading spaces shall be by means of a driveway at least 6.0 metres wide
contained on the lot in which the spaces are located and leading to an improved
street as defined herein.
c)
Change in Use
The loading space requirements referred to herein shall not apply retroactively to
any building or use in existence at the date of passing of this by-law so long as the
gross floor area, as it existed at such a date, is not increased and so long as there is
no change in use.
Loyalist Township
4-17
GENERAL PROVISIONS
d)
SECTION 4
Loading Space Surface
Driveways, loading spaces, and related aisles and turning areas shall be
maintained with a stable surface which is treated so as to prevent the raising of
dust. Such loading facilities shall, before being used, be constructed of crushed
stone, gravel, asphalt, concrete or similar material and shall include provisions for
drainage facilities.
e)
Location
The required loading space shall be located in the interior side yard or rear yard
unless such space or spaces are removed from the street line a minimum distance
of 15 metres.
f)
4.23
Addition to Existing Use
When a building or structure has insufficient loading spaces on the date of passing
of this By-law to comply with the requirements herein, this By-law shall not be
interpreted to require that the deficiency be made up prior to the construction of
any addition. However, no addition may be built and no change of use may
occur, the effect of which would be to increase that deficiency. If an addition is
made to the building or structure which increases the floor area, then additional
loading space shall be provided as required by paragraph (a) of this Subsection.
MODEL HOMES
Model homes are permitted where the following requirements are met:
a)
b)
Lands have received draft plan approval or final approval and registration from
the Township;
Are constructed or located in accordance with the zone provisions for the lot or
proposed lots;
c)
Do not exceed two (2) dwelling units per individual phase of the development;
and
d)
For the purposes of establishing the location of the lot lines, where a plan of
subdivision is not yet registered, the model home shall be built within the
proposed lot defined by the draft approved plan of subdivision within which it is
located, and as if these lots were defined by a registered plan of subdivision.
e)
Notwithstanding section (a) to (d) above, for those lands zoned R3 and R4 on the
Loyalist Township
4-18
GENERAL PROVISIONS
SECTION 4
date of adoption of this By-law and being part of Lots 12 and 13 of Concession 1
and Broken Front Concession on the north side of Main Street (Highway 33), a
maximum of six (6) model homes may be constructed.
4.24
f)
Notwithstanding Section (a) to (e) above, for those lands zoned R5-3 located in
part of Lot 42, Concession 1, a maximum of eight (8) model dwelling units may
be constructed.
g)
Notwithstanding Section (a) to (f) above, for those lands zoned R2-11 located in
part of lots 8 and 9, Concession 1, a maximum of four(4) single detached model
dwelling homes may be constructed.
MORE THAN ONE USE ON A LOT
Where any land, building or structure is used for more than one purpose, the applicable
provisions of this By-law which serve to regulate each use shall be complied with.
4.25
MORE THAN ONE ZONE ON A LOT
When a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-law for the applicable zone, but this
provision shall not be construed to allow more than one dwelling house on a lot.
4.26
NOXIOUS USES
No use shall be permitted which from its nature or the materials used therein is declared
by the Local Board of Health or Council of the Corporation to be a noxious trade,
business or manufacturer under the Health Protection and Promotion Act or Regulations
thereunder.
4.27
PARKING AREA REGULATIONS
Parking spaces and areas are required under this By-law in accordance with the following
provisions:
a)
Requirements
The owner of every building or structure erected or used for any of the purposes
set forth herein shall provide and maintain for the sole use of the owner, occupant,
or other persons entering upon or making use of the said premises from time to
Loyalist Township
4-19
GENERAL PROVISIONS
SECTION 4
time, one or more parking spaces, each such parking space having a minimum
area of 18 square metres and being not less than 3 metres in width and not less
than 6 metres in length, in accordance with the following:
Residential Uses
Minimum Offstreet Parking
Requirement
Apartment buildings, Fourplex and
Triplex dwelling houses
1.5 parking spaces for each dwelling unit
Boarding or Lodging House
1 parking space per dwelling unit plus 1
parking space per guest room
Single unit, Semi-Detached and Duplex
Dwelling houses, Townhouses and
Rowhouses
2 spaces per dwelling unit
Other Residential uses permitted by this
by-law including Secondary Dwelling
Units.
1 space per dwelling unit
Non -Residential Uses
Minimum Offstreet Parking
Requirement
Assembly Hall, Auditorium, Arena, The greater of:
Community Centre, Place of Worship, a) 1 parking space per 5 fixed seats or 3
Private Club or other similar places of
metres of bench seating or portion
assembly not otherwise specified herein
thereof; or,
b) 1 parking space per 9 square metres of
gross floor area; or,
c) 1 parking space for each 4 persons that
may be legally accommodated at any
one time
Bed and Breakfast Establishments
1 parking space per guest room plus 2
parking spaces for single housekeeping unit
Business and/or Professional Office
including Home occupations
1 parking space for each 28 square metres
of gross floor area and 1 space per each
home occupation employee exceeding 1
employee not resident of the dwelling unit.
Loyalist Township
4-20
GENERAL PROVISIONS
SECTION 4
Curling Rink
2 parking spaces for each curling sheet plus
such additional parking as is required for a
lounge licensed in accordance with the
Liquor Licence Act.
Dry Cleaners Establishment
1 parking space for each 9 square metres or
fraction thereof of gross floor area with a
minimum requirement of 4 spaces
Eating Establishment, exclusive of a take
out eating establishment
The greater of:
a) 1 parking space for each 9 square metres
of gross floor area; or
b) 1 parking space for each 4 persons
legally accommodated at any one time
within the premises.
The parking space requirements shall not
apply to the area associated with an outdoor
café or patio where such use is ancillary to
and associated with an eating establishment
or liquor licensed premises
Eating Establishment- Take Out
6 parking spaces for each 100 square metres
of gross floor area
Golf Course
24 parking spaces for each 9 holes of
golfing facilities
Home for the Aged, Nursing Home
1 parking space for each 4 beds or fraction
thereof
Hospital
1 parking space for every 2 beds or 38
square metres of gross floor area which ever
is the greater
Hotel, Motel, Motor Hotel or Resort
Establishment
1 parking space for each guest room,
cottage or cabin plus such parking facilities
as are required for an eating establishment
or entertainment lounge licensed in
accordance with the Liquor License Act
Loyalist Township
4-21
GENERAL PROVISIONS
Marina
SECTION 4
1 parking space for each 20 square metres
of the total retail floor area plus one parking
space for each boat slip provided.
Liquor Licensed Premises exclusive of an 1 parking space for each 4 persons that may
Eating Establishment but including an be legally accommodated at any one time
Entertainment Lounge, Public House or
Lounge licensed in accordance with the
Liquor License Act
Manufacturing, Processing, Assembly, 1 parking space per 38 square metres of
Fabricating
Plant,
Wholesale gross floor area or portion thereof
Establishment or Warehouse
Medical or Dental Clinic, or Offices of a
Drugless Practitioner
5 parking spaces per 100 square metres of
gross floor area
Post Office, Museum, or Public Library
1 parking space for each 18.5 square metres
of gross floor area
Personal Service Shop or Merchandise
Shop
1 parking space per 18.5 square metres of
gross floor area
Shopping Centre
1 parking space for each 18.5 square metres
of gross floor area
Undertaking Establishment
The greater of:
a) 10 parking spaces; or
b) 5.25 parking spaces per 100 square
metres of gross floor area
Residential Uses
Minimum Offstreet Parking
Requirement
Workshop
1 parking space per 38 square metres of
gross floor area
Uses permitted in this By-law other than
those listed in this table
1 parking space per 18.5 square metres of
gross floor area
Loyalist Township
4-22
GENERAL PROVISIONS
SECTION 4
Schools
Elementary Schools & Secondary Schools
The greater of:
a) 1.5 parking spaces per classroom; or
b) 1 parking space per 9 square metres of
floor area in the gymnasium; or
c)1 parking space per 9 square metres of
floor area in the auditorium
Special Vehicle Parking
In any zone, the required number of parking spaces shall include the provision of
special vehicle parking spaces for the use of physically disabled persons as
specified below.
Industrial Uses:
Total Required Parking Spaces
Number of Required Special Vehicle
Parking Spaces
20-100
101-200
201-300
301-400
401-500
more than 500
2
4
6
8
10
12
Loyalist Township
4-23
GENERAL PROVISIONS
SECTION 4
Commercial or Residential Uses:
Total Required Parking Spaces
Number of Required Special Vehicle
Parking Spaces
20-50
51-100
101-150
151-200
201-250
251-300
301-400
more than 400
2
4
6
8
10
12
14
1 additional space per 100 required
spaces
Institutional Uses:
Total Required Parking Spaces
Number of Required Special Vehicle
Parking Spaces
10-20
21-40
41-60
61-80
81-100
101-120
121-140
141-160
more than 160
2
4
6
8
10
12
14
16
18
Loyalist Township
4-24
GENERAL PROVISIONS
SECTION 4
The following regulations shall also apply to special vehicle parking spaces:
i)
the special vehicle parking spaces shall have minimum rectangular
dimensions of 3.7 metres width by 6.0 metres in length, and if two
adjacent spaces are designated for the disabled, then the total width of
both spaces together may be 6.4 metres if a 1.5 metres wide access aisle
separates the two spaces. If no access aisle separates the spaces, the total
width of the two spaces shall be 7.4 metres;
ii)
all special vehicle parking spaces shall be signed and shall be painted blue
and marked by an identifying marker consisting of the International
Symbol for the disabled;
iii)
if accessible parking spaces for side lift vans are provided, each space
shall be at least 4.9 metres wide;
iv)
a standard parking space parallel to the curb shall constitute an acceptable
parking space provided it allows individuals to get in and out of either side
of a vehicle and providing a sidewalk wheelchair ramp is located nearby;
v)
a minimum vertical clearance of 2.9 metres shall be proved at accessible
parking spaces, passenger loading zones, and along access routes;
vi)
gradient for a special vehicle parking space shall not exceed five (5)
percent;
wheelstops shall be placed to provide a minimum 0.8 metres clear space
for wheelchair access;
vii)
c)
viii)
special vehicle parking spaces shall be the spaces located closest to the
nearest accessible entrance(s) of the building on an accessible route; and
ix)
curb ramps, where required, shall be provided to permit access from the
parking area to the sidewalk.
Ingress and Egress Regulations
i)
Access to the required parking spaces and parking areas shall be provided
by means of an unobstructed driveway or passageway at least 3 metres,
but not more than 9 metres in width.
ii)
The aisles between parking spaces within a parking area shall have a
Loyalist Township
4-25
GENERAL PROVISIONS
SECTION 4
minimum width of 6 metres.
iii)
The minimum distance between two separate driveways on one lot,
measured along the street line, shall be 9 metres.
iv)
A mutual driveway is permitted for semi-detached dwellings, row and
townhouse dwellings.
By-Law- 2011-076
v)
The minimum distance between a driveway and an intersection of street
lines, measured along the street line intersected by such driveway, shall be
9 metres for all residential uses and 15 metres for all other uses.
vi)
The minimum distance between an interior side lot line and any driveway
shall be 1.2 metres of an interior side lot line. This standard was
implemented so that water shut off valves could be protected.
vii)
The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
viii)
Every lot shall be limited to the following number of driveways:
ix)
d)
(a)
up to the first 15 metres of frontage - not more than 1 driveway;
(b)
greater than 15 metres of frontage but less than 30 metres of
frontage - not more than 2 driveways, with a combined width not
exceeding 30% of the lot frontage;
(c)
1 additional driveway for each additional 30 metres of lot frontage;
and
(d)
where the standards of the road authority having jurisdiction, such
as the County of Province, are more restrictive, those standards
shall apply.
Entrances along County Roads are subject to the provisions in County Bylaws 2207/87 and 2572/95, as amended.
Parking Area Design Requirements
The following parking area design requirements shall apply to all required
parking areas in all zones, except for a permanent single dwelling house:
Loyalist Township
4-26
GENERAL PROVISIONS
e)
SECTION 4
i)
the minimum width of parking spaces shall be 3.0 metres and the
minimum length shall be 6 metres;
ii)
where a parking space has a parking angle of 30 degrees or less, such
parking space shall be at least 7.0 metres in length where the aisle width is
at least 4.0 metres;
iii)
where a parking angle is less than 50 degrees, the minimum aisle width
shall be at least 4.0 metres;
iv)
where the parking angle is equal to or greater than 50 degrees, but less
than 70 degrees, the minimum aisle width shall be at least 5.5 metres; and
v)
where the parking angle is equal to or greater than 70 degrees but less than
or equal to 90 degrees, the minimum aisle width shall be at least 7.0
metres.
Addition to Existing Use
When a building/structure has insufficient parking on the date of passing of this
By-law to conform to the requirements herein, this By-law shall not be interpreted
to require that the deficiency be made up prior to the construction of any addition.
However, no addition may be built and no change of use may occur, the effect of
which would be to increase that deficiency.
f)
More than One Use on a Lot
When a building, structure or lot accommodates more than one type of use as set
out in paragraph (a) of this subsection, the parking space requirement for such
building, structure or lot shall be the sum of the requirements for the separate uses
thereof.
g)
Parking Area Surface
Parking spaces, areas and driveways connecting the parking space or area with a
street shall be maintained with a stable surface which is treated so as to prevent
the raising of dust. Such parking spaces or areas shall, before being used, be
constructed of crushed stone, gravel, asphalt, concrete, paving stone or
interlocking brick and shall include provisions for drainage facilities.
Loyalist Township
4-27
GENERAL PROVISIONS
h)
SECTION 4
Parking Area Location on Lot
Uncovered surface parking areas are permitted in the required yards or in the area
between the street line and the required setback in accordance with the following
provisions:
Zone
Yard in Which Required Parking Area is Permitted
Residential Zones
Parking spaces and areas shall be permitted within a
required front, interior side or rear yard provided that
no part of any parking area, other than a driveway, is
located closer than 3 metres to any street line or within
a sight triangle. The maximum width of parking areas
or driveways within the front yard shall be 7.5 metres
Environmental
Protection,
Rural, Prime
Agricultural, Open Space,
Community Facility, and
all Commercial Zones
Parking spaces and areas shall be permitted in all yards
provided that no part of an parking area, other than a
driveway, is located closer than 2 metres to any street
line and not less than 3.0 metres to a lot line abutting
lots in a residential zone, or be within a sight
triangle.
Industrial Zones
Parking spaces and areas shall be located in an interior
side or rear yard, except for visitor parking areas which
may be located within a front or exterior side yard,
provided that no part of any parking area, other than a
driveway, is located closer than 3 metres to any street
line or lot line abutting lots in a residential or
community facility zone, or within a sight triangle.
All Other Zones
No driveway or parking space shall be permitted
within 3.0 metres of the boundary of a Residential
Zone
Loyalist Township
4-28
GENERAL PROVISIONS
i)
j)
SECTION 4
Use of Residential Parking Areas and Parking Spaces
i)
Parking spaces and areas required in accordance with this By-law shall be
used for the parking of operative, currently licensed vehicles only, and for
vehicles used in operations incidental to the permitted uses in respect of
which such parking spaces and area are required or permitted.
ii)
In any Residential Zone, the owner or occupant of a dwelling unit may use
a parking space for the purposes of the parking or storage of one
commercial motor vehicle, provided such motor vehicle does not exceed a
rated capacity of one tonne.
iii)
In the Rural or Agricultural Zone, a maximum of one school bus which is
operative and currently licensed, may be parked or stored on any lot.
Abandoned Equipment
Unused and discarded motor vehicles or abandoned equipment shall not be
located or stored, in any Zone, unless it is specifically listed as a permitted use.
k)
4.28
a)
Off Site Location
i)
Required parking in a Residential Zone shall be provided on the same lot
as the dwelling unit or units.
ii)
In all other zones, parking shall be provided within 90 metres of the
building or use it is intended to serve.
iii)
No part of any parking area required for a use other than residential shall
be permitted in a Residential Zone.
iv)
Where required parking is not provided on the same lot, the lot or part of
the lot where the parking is located shall be in the same ownership or be
leased by a long-term renewable agreement and the parking spaces shall
be retained for the duration of the use.
PITS AND QUARRIES
Establishing Pits and Quarries
No pit, quarry, wayside pit or wayside quarry shall be established in any area of
Loyalist Township
4-29
GENERAL PROVISIONS
SECTION 4
the Corporation except in a zone where such use is included under the heading
"Uses Permitted" in this By-law.
Within a Pit or Quarry no person shall use land or erect any building or structure
for the purpose of processing, washing, sorting, screening, sand or gravel or
operating a crushing plant or asphalt plant or concrete batching plant except as
provided for in this By-law.
b)
Wayside Pits and Quarries
Wayside pits and quarries may be established in the Rural, Agricultural or
Extractive Industrial Zones provided:
4.29
i)
the wayside pit or quarry is opened and operated by the Ministry of
Transportation, the County or the Township or their agents for the
purposes of a specific road project;
ii)
any portable crusher and/or asphalt plant used as part of a wayside pit or
quarry has an applicable Certificate of Approval under the Environmental
Protection Act and such certificate is current; and
iii)
an agreement is signed with the Township that the wayside pit or quarry
shall be rehabilitated upon completion of the public project.
PLANTING STRIP
a)
Requirement
Where a lot is to be used for a non-residential purpose and such lot abuts a
Residential use or undeveloped land intended for residential use, then a strip of
land adjoining such abutting lot line, or portion thereof, shall be used for no
purpose other than a planting strip in accordance with the provisions of this
subsection and County By-law 2649/97, as amended.
b)
Contents
Where a planting strip is required to be provided, such planting strip shall consist
of a row of trees or a continuous uninterrupted hedgerow of evergreens or shrubs,
not less than 1.5 metres in height, immediately adjacent to the lot line or portion
thereof. The remainder of the strip shall be used for no other purpose than the
planting of ornamental shrubs, flowering shrubs, flower beds or a combination
Loyalist Township
4-30
GENERAL PROVISIONS
SECTION 4
thereof.
c)
Driveways or Walks
Where ingress and egress driveways or walks extend through a planting strip, it is
permissible to interrupt the strip within 3.0 metres of the edge of such driveway or
within 1.5 metres of the edge of such walk.
d)
Landscaped Open Space
A planting strip forms part of any landscaped open space required by this By-law.
e)
Vegetation Height in Site Triangle
Vegetation within a site triangle shall not exceed a height of 1.0 metre.
f)
Width
Where a strip of land is required to be used for no purpose other than a planting
strip, it shall have a minimum width of 3.0 metres measured perpendicularly to
the lot line it adjoins.
g)
Maintenance
Where a planting strip is required it shall be planted, nurtured and maintained by
the owner or owners of the lot on which the planting strip is located.
4.30
PUBLIC USES
a)
Applicable Provisions
Except as otherwise provided in paragraph (c) of this subsection, the following
provisions apply to public uses:
i)
public uses, unless otherwise specified, are allowed in all zones;
ii)
no goods, materials or equipment shall be stored in the open, except as
permitted in such zone;
iii)
zone provisions of the zone within which the use is located shall be
Loyalist Township
4-31
GENERAL PROVISIONS
SECTION 4
complied with except as otherwise provided in paragraph (b) hereof;
iv)
b)
c)
any above-ground non-recreational use carried on under the authority of
this paragraph in any Residential Zone shall be enclosed in a building
designed, located and maintained in general harmony with Residential
buildings of the type permitted in such zone.
Streets and Installations
i)
Nothing in this By-law shall prevent the use of land for a street or prevent
the installation of a watermain, sanitary/waste water sewer main, storm
sewer main, water and/or waste water pumping station, gas main, pipeline,
lighting fixtures, overhead or underground electrical facility, television,
telecommunication, telephone, or other supply line or communication line
or tower, or structure clearly accessory to the foregoing, provided that the
location of such street, main, line, fixture or structure has been approved
by the Corporation.
ii)
Nothing in this By-law shall prevent the use of public land for a mail box
or utility box provided that the location of such box has been approved by
the Corporation.
Polling Stations
Nothing is this By-law shall apply to prevent the use of a building, or part thereof,
as a temporary polling station for a federal, provincial or municipal election or
referendum.
d)
Exceptions
The following public uses shall be permitted only in the zone where they are
specifically listed:
•
•
•
•
•
•
Loyalist Township
arena;
school;
open storage of goods and materials;
sewage lagoon or sewage treatment plant;
water supply plant;
waste disposal site.
4-32
GENERAL PROVISIONS
e)
SECTION 4
Telecommunication Towers
No telephone, telecommunication, cable television or telegraph tower shall
exceed 120 metres in height. Any towers proposed above 120 metres will require
a site specific zoning.
f)
Prohibitions
4.31
No building or structure erected in accordance with the provisions of this Section
shall be used for the purpose of an office, maintenance or works depot, or human
habitation.
GASOLINE RETAIL FACILITY
a)
No person shall use any land or erect any building or structure for the purpose of a
Gasoline Retail Facility except in accordance with the following requirements:
Lot Area (minimum) 0.2 ha
b)
Lot Frontage (minimum) ............................................................................... 45 metres
c)
Yard Dimensions (minimum)
i) Front Yard ............................................................................................. 12.0 metres
ii) Exterior Side Yard ............................................................................. 12.0 metres
iii)
Interior Side Yard:
6.0 metres except where the interior side lot line abuts a Residential Zone,
in which case the minimum required interior side yard shall be 12 metres.
iv)
Rear Yard:
6.0 metres except where the rear lot line abuts a Residential Zone, in
which case the minimum required rear yard shall be 12 metres.
d)
Minimum Lot Depth ............................................................................................ 30 metres
e)
Lot Coverage (maximum).................................................................................... 40 percent
f)
Landscaped Open Space (minimum) ................................................................... 10 percent
Loyalist Township
4-33
GENERAL PROVISIONS
SECTION 4
g)
Height of Buildings (maximum)............................................................................ 10 metres
h)
Gasoline Pump Location
A gasoline pump island or gasoline pumps, as part of or as accessory to a motor
vehicle dealership, a motor vehicle gasoline bar, a motor vehicle repair garage,
motor vehicle service centre, or motor vehicle station, may be located within any
yard provided:
i)
the minimum distance between any portion of the pump island or gasoline pumps and any
street line or any rear or interior side lot line is not less than 6 metres; and
ii)
where a lot is a corner lot, no portion of any pump island or gasoline pumps shall be
located closer than 3 metres to a straight line between a point in the front
lot line and a point in the exterior lot line, such point being distant 15
metres from the intersection of such lines.
i)
Bulk Fuel and Propane Storage Tank Location
Bulk fuel and propane storage tanks shall be installed in accordance with the
provisions of the Gasoline Handling Act.
j)
Entrance Regulations
Ingress and egress driveways shall be in accordance with the provisions of this
By-law.
4.32
SERVICING REQUIREMENTS
No person shall use any lot or erect any building or structures for any use unless:
a)
Development on Private Services
viii)
Within the PA, RA, RU, ER, RR, SR, HR, CF, I, C1, C2, C3, C5 and M2
Zones approval is received for a class 4 subsurface sewage disposal
(septic) system under the Ontario Building Code Act and regulation; or:
ix)
Where approval within the zones in 4.30(a)(i) is required under other than
Loyalist Township
4-34
GENERAL PROVISIONS
SECTION 4
the Ontario Building Code Act, proof of such approval is provided; and
x)
b)
There is an adequate supply of potable water.
Development on Municipal Water and Sanitary Sewage Collection Systems
i) Within the R1, R2, R3, R4, R5, R6, C2, C4, M1 and M3 zones lots
must be serviced by municipal water and sanitary sewers. Lots of record
located in lots 31 to 35 of Broken Front Concession and Concession 1
inclusive and zoned R1 or CF and in lot 42 Broken Front Concession and
Concession 1 along Coronation Boulevard or Amherst Drive and zoned
R1 may be serviced by municipal piped water supply and class 4
subsurface sewage disposal (septic system) under the Ontario Building
Code Act and Regulation. Properties zoned M3 or M3-6 and found in
Lots 19 to 28, Concessions 1 and Broken Front, south of the Canadian
National Railway main line, may be serviced by private sewage and water
services, however at such time municipal water or sanitary services
become available, development shall then connect to municipal systems
immediately at such time they are available.
passed 07.10.06
By-Law (2006-71)
ii) Within a CF Zone, lots located in an area serviced by piped water
supply and sanitary sewage collection system shall be serviced by such
municipal water supply and sanitary sewer.
iii) In the case of existing unserviced industrial uses in the M3 zone they
are recognized as permitted uses. Any enlargement or expansion of the
industry in the unserviced area of the Township shall take place following
the approval by the appropriate authorities regarding water supply and
waste disposal.
iv) The development of the C4 zone located on the north west corner of
Coronation Boulevard and Taylor Kidd Boulevard shall occur following
the approval of the appropriate authorities regarding water supply and
waste disposal.
c)
Change to Residential Use
No person shall increase the number of dwelling units or change to residential the
use of any building, structure or lot within an R1, R2, R3, R4, R5 or R6 Zone
Loyalist Township
4-35
GENERAL PROVISIONS
SECTION 4
unless a public water system and a sanitary sewer system are available and of
sufficient capacity to service such lot, building or structure.
4.33
SETBACKS ALONG ROADS AND PIPELINES
4.33.1 Roads
The minimum setback along a road shall be determined by measuring, at right
angle from the centreline of the public street abutting a yard, in the direction of
the lot or parcel, a distance equal to the sum of:
a)
The minimum front yard, rear yard or exterior side yard requirement in the
relevant regulations, plus
b)
The centreline distance to the edge of the road right of way in metres as
specified in the Table (below),
CENTRELINE DISTANCE REQUIREMENTS
County Roads
County Road #6
County Road #23
13.0 metres
18.0 metres
18.0 metres
Township Roads
10.0 metres
In no case shall the minimum yard be less than the minimum front yard, rear yard,
or exterior side yard requirements in the relevant regulation of this By-law.
Where the County of Lennox and Addington By-law 2057/82, as amended from
time to time, or Ministry of Transportation (MTO) requirements are more
restrictive, the requirements of the County or Ministry will prevail.
4.33.2 Pipelines
The minimum setback along land used for gas and/or oil transmission pipelines,
and/or subject to an easement for such use, shall be 10 metres for any permanent
structures and excavations.
4.34
SIGHT TRIANGLES
Loyalist Township
4-36
GENERAL PROVISIONS
SECTION 4
Within any area defined as a sight triangle, the following uses shall be prohibited:
a) building, structure, sign or use which would obstruct the vision of drivers of
motor vehicles;
b) fence, tree, hedge, bush, or other vegetation, the top of which exceeds 1 metre
in height above the elevation of the street line measured at the top of the nearest
curb or at the edge of pavement location, in the absence of a curb;
c) finished grade which exceeds the elevation of the street line by more than 0.5
metres;
d) covered surface parking area; and entranceway.
4.35
SIGNS
The provisions of this By-law shall not apply to prevent the erection, alteration, or use of
any legal sign provided such sign complies with the By-laws of the Corporation and the
County regulating signs.
4.36
STORAGE OF SPECIAL VEHICLES IN RESIDENTIAL ZONES
On a developed lot in any Residential Zone, the parking or storing of a boat, motor home,
snowmobile or trailer is not allowed except as specified below:
a)
b)
Vehicles Permitted
i)
one boat which shall not exceed 10 metres in length;
ii)
one motor home which shall not exceed 10 metres in length;
iii)
two (2) snowmobiles;
iv)
one travel trailer or travel camper which shall not exceed 10 metres in
length, exclusive of hitch or tongue.
Yards Where Permitted
Loyalist Township
4-37
GENERAL PROVISIONS
SECTION 4
The parking or storage of a boat, motor home, snowmobile, travel trailer or truck
camper shall only be permitted in a garage, carport or other building and not in
any required parking space or sight triangle. On residential lands not used for an
apartment dwelling house, such boat, motor home, snowmobile, travel trailer or
truck camper may be parked or stored in an interior side yard or rear yard but no
closer than 1.0 metre to any lot line.
c)
Undeveloped Lots
The parking of vehicles on undeveloped lots is not permitted unless otherwise
specified in this By-law.
4.37
SWIMMING POOLS
A swimming pool is a permitted structure in association with a permitted residential use.
Such swimming pool, and structures required in conjunction with a swimming pool, may
be erected and used in the required interior side yard or the required rear yard provided:
a)
No part of such swimming pool is located closer than 1.2 metres to any rear or
interior side lot line;
b)
Is not located closer to the front lot line than the dwelling house;
c)
No water circulating or treatment equipment such as pumps or filters shall be
located closer than 2.0 metres to any interior side or rear lot line; and
d)
No equipment used for the heating of water, such as a gas heater, shall be located
within 2.0 metres of the interior side or rear lot line.
A swimming pool shall not be considered as part of the lot coverage provided no part of
the pool, excluding its railing, protrudes more than 1.5 metres above the ground level
surrounding the swimming pool.
4.38
THROUGH LOTS
In the case of a through lot, the front yard requirements of the zone or zones in which
such lot is located shall apply to each yard which abuts a street.
Loyalist Township
4-38
GENERAL PROVISIONS
4.39
SECTION 4
TRUCK, BUS AND COACH BODIES
No truck, bus, coach or streetcar body, or structure of any kind, other than a dwelling unit
erected and used in accordance with this By-law, The Building Code Act, and the
regulations passed thereunder shall be used for human habitation.
4.40
YARD SETBACK AND HEIGHT ENCROACHMENTS PERMITTED
a)
Ornamental Structures
Sills, belt course, chimneys, cornices, bay windows, eaves, gutters, parapets,
pilasters or similar ornamental structures may project into any required yard a
maximum distance of 0.6 metres.
b)
Unenclosed Porches, Decks, Balconies and Steps
By-Law 2013-022
Unenclosed porches, decks, balconies, steps and ramps, covered or uncovered,
may project into any required front yard or required rear yard a maximum
distance of 1.5 metres, provided they are no closer than 1.2 metres to any lot line
and comply with the setback general provisions regarding floodplains and high
water marks.
c)
Patios
Uncovered patios, uncovered pool aprons, and uncovered decks may project into
any required rear yard or side yard provided:
d)
i)
they are not more than 0.6 metres above finished grade; and
ii)
they are not located within any required front yard or exterior side yard.
Fire Escapes
Unenclosed fire escapes, as permitted by the Building Code Act and regulations
passed thereunder, may project into any required side yard or required rear yard a
maximum of 1.2 metres.
By-Law- 2011-076
e)
Gatehouse
Loyalist Township
4-39
GENERAL PROVISIONS
SECTION 4
In an Industrial Zone a gate house or information kiosk or similar accessory
structure shall be permitted in a front yard or side yard or in the area between the
street line and the required setback.
f)
Barrier-Free Access Ramps
By- Law 2005-59
Unenclosed Barrier-Free ramps shall be permitted within any yard or in the area
between the streetline and the required setback. In addition, unenclosed barrier
free ramps shall be exempted from having to comply with lot coverage
requirements.
4.41 RECREATIONAL VEHICLES
By- Law 2013-74
Within the geographic Township of Amherst Island, as it existed as a separate
Municipality on December 31st, 1997, where a recreational vehicle would be the
principal use on a lot, a maximum of one recreational vehicle is permitted to be used as a
recreational living space, provided the following provisions are met:
• the use is not as a permanent dwelling unit;
• the use is only permitted in the RU, PA and SR zones;
• the recreational vehicle is located on the property to provide the same minimum
yard requirements that would apply to a principal residential use in the same
zone;
• the use complies with any requirements that may be imposed by a Trailer
Licensing By-law that may be enacted from time to time by the Municipality
under the authority of the Municipal Act."
4.42 SECONDARY DWELLING UNITS
By- Law 2013-124
Within the R1, R2, R3 and R4 zones, and any exception zones under these zones, within
single detached dwellings a secondary dwelling unit may be created and used provide the
following conditions are met:
1. The secondary dwelling unit is contained within a single detached dwelling
unit on the property.
2. The secondary dwelling unit has a gross floor area not exceeding 45% of
the single detached dwelling unit or 90 square metres, whichever is lesser.
3. A maximum of one secondary dwelling unit is permitted on a lot.
Loyalist Township
4-40
GENERAL PROVISIONS
SECTION 4
4. A second entrance on the front wall of the building is not permitted for the
secondary unit, access must be from the side or rear of the unit or by joint
use of the front entrance.
5. All secondary dwelling units must meet the provisions of the Ontario
Building Code, as amended, and obtain the necessary Building Permits.
Loyalist Township
4-41